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PC 05-29-61 5~~ ~rrf 597 C I T Y 0 Feu PER TIN 0 CUPERTINO, CALIFORNIA MINUTES OF THE ADJOURNED REGULAR MEET!NG OF THE PLANNING COMMISSION 5/29/61 P. o. BOX AL 2-4505 Place: 'rirœ : 10321 So. Saratoga-Sunnyvale Road 8:00 P.M. SALUTE TO THE FLAG I II ROLL CALL Commissioners Present: Adamo (8:20), Fitch, Leonard, Rampy, Snyder, Small Bagar City Attorney, Ass't. to City Engineer, City Clerk III UNFINISHED BUSINESS (Item V on 5/22/61 agenda) A. Subcommittee report on C-2-H Ordinance Deferred until Commissioner Adamo arrived. Commissioners Absent: Staff Present: B. Ordll1ance 002(H): Amending Ordinance 002 By Repealing "Professional Office District" classification and adding the classification "Pro- fessional Administrative Zoning" (PO-H) and Further By Adding The Classification "Light Industrial Park Zoning" (MI-PH). Initiated by City Council Resolution 424. Moved by Commissioner Fitch that the Planning Commission set June 26 as date for public hearing; Seconded by Commissioner Snyder. AYES: Commissioners: Fitch, Leonard, Rampy, Snyder, Small NAYS: Commissiorers: None ßBSENT: Commissioners: Adamo, Bagar ~OTION CARRIED: 5-0 C. By Minute Order the C~ty Council has referred to the Planning Com- mission the zoning question of the 10 ft. just outside the C-I-H dis- trict between Scofield and Rodrigues. The Chairman used the blaclrboard to outline the zoning in question. Maps submitted by Statewide were distrlbuted to indicate the property (this application was withdrawn). The status of the property was re- viewed both as to the 2 zones existing on the property, C-I-H and R-l: B-2, and the actual use of 2 lots in the row as duplex and triplex. Commissioner Leonard observed that zoning is supposed to be on a logical and reasonable basis rather than on some arbitra~J distance. He felt that it is nöt unreasonable to carry the ~~ zoning to the prop- erty line even if it results in an odd number of feet from a given point such as the center line of Highway 9 or the edge of the right- of-way on Highway 9. He further held that it should not be a spring- board to go one more lot to C-I-H zoning then one more lot, etc., etc. Commissioner Fitch said such a formula is fine for undeveloped prop- erty but not for built-up property. To rezone the 10 ft. would tend to defeat the original purpose by tempting the adjoining owner to seek C-I-H. The owners may then say that 74 ft. is insufficient C-I-H to develope a good commercial area and therefore, it is necessary to re- zone one or morebts immediately west so as to give them usable prop- erty. He proposed that the City wait for the owners on the east to acquire the property in question for parking purposes. Commissioner Leonard maintained that the present depth of 300 ft. from the Highway 9 ROW is lnsufficlent rather than too much. He further said that it might be well to 19nore the differing uses in the row which he considered a mere acc~dent. Commissioner Leonard moved that, whereas we consider that auto trans- portation to commercial centers is more common looally than either pub- lic transportation of foot traffic; and that adequate off-street park- ing is desirable; and, whereas we consider depths of 400 ft. or more to be preferable to lesser depths of 300 ft. or less; and, whereas we consider split zonings on small properties (say less than 1/2 acre) to be illogical and arbitrary because of the impossibility of providing ~l- access by 60 ft. streeœto the rear; and, whereas we consider that rescinding existing zoning is unfair and unreasonable when the nature of the location makes the existing zoning approprlate; and, whereas we consider the exact nature of existing structures to be irrelevant to considerations of eventual land use; and, whereas we favor reason- ably straight zoning lines to extremely jagged lines because of effic- iency and buffering reasons; and, whereas we believe it is inadvisable to force higher zonings on those who are not ready for it; Now, There- fore, Be It Resolved that we suggest as reasonable policy: that 1) owners be required to file rezoning application to complete the front zoning to the rear property line if that is his wish; and, that 2) old structures in commercial areas be required to conform to the build- ing codes for the higher uses actually made of them; and, that 3) use permits be required on interlm uses made of existing structures inthe period of transition; Seconded by Commissioner Rampy. AYES: Commissioners: Adamo, Leonard, Rampy, Snyder, Small NAYS: Commissioners: Fitch ABSENT: Commissioners: Eagar MOTION CARRIED: 5-1 A. Subcommittee report on C==2-H Ordinance The Chairman reviewed the classiflcation of C zones tentatively dev- eloped by the sub-committee. Commissioner Leonard suggested that the groupings indicate distinction or classification according to the prevailance of truck delivery, peak- ing of auto traffic, aesthetic harmony and freedom from dust, smoke, and noise. June 7 was set as a study session to do further work on the C-2-H Ordinance. The City Attorney ad~sed that the County Planning Department feels that anything other than pyramid zoning is not practical. He reviewed the fact that the City is not at present observing the pyramid prin- ciple of zoning and emphasized the fact that whlle pyramiding may be feasable in commercial and industrial zones due to the difficulty in distinguishing C-l from C-2 or C-3 and due to the fact that it is virtually impossible to list every possible use, residential zones are more or less homogeneous and therefore, pyramiding is not a necessity between residential zones or between residential and commercial and industrial. D. Miscellaneous None IV NEW BUSINESS (Item VI on 5/22/61 agenda) A. Storm Drain Cost Study Report - referred by COèillcil George Perlcins reviewed the Master Storm Drainage Plan and Cost Study prepared by l\1ark Thomas & Co. and referred by the City Council to the Planning Commisslon. Commissioner Leonard questl.ooed the distribution of the costs as between residential, commercial and industrical, which in turn are based acc- ording to the report on the amount of run-off frbm each type of prop- erty. However, he said he has no objection to recornmending in prin- cipl~ reserving approval of the specific figures 1vhich may be subject to question. He proposed that money be collected from properties pre- viously rezoned for which use permits or building permits, etc., may be secured in the future. Moved by Commissioner Fltch that, Slnce the City of Cupertino storm drainage plan attempts to distribute the cost of storm drainage acc- ording to its run-off and, since it. allows a safety factor to enable completely obtaining the funds be the time 3/4 of the land is devel- oped, the Planning Commission recommends that subject to correction of figures under the section entitled "Computations And Recommenda- tions" the principle of this report be adoped and that the Council consider the possibility of equalizing fees for previously assessed developments whenever they may come in for building permits, use per- mits or rezonings; Seconded by Commissioner Snyder. -2- AyES: Commissioners: NAYS: Commissioners: ABSENT: Commissioners: MOTION CARRIED: Adamo, Fitch, Leonard, Rampy, Snyder, Small None Bagar 6-0 B. Miscellaneous l. The Commission asl:ed that a letter be sent to the County Plan- ning Con~ission opposing the application of Robert H. Nyberg for a 20 unit apartment on the southwest intersection of Merriman and Alcalde Road, much the same as the letter opposing the apartments on Grenada from the previous County agenda. 2. The Commission also asked for a guarded letter of protest against the P. G. & E. application for a use pennit for a sub- station on the south side of Homestead west side ~ Stelling. 30 The appllcation of Toro Development Co. for a variance to the Slgn Ordinance, Idlewild Shopping Center, waS scheduled for June 12, APPROVED: Chairman, Planning Comm.i.ss.íon ATTEST: /s/ Lawrence K. Martin Ci ty Cler!< -3-